Case Analyses

Employer’s Subrogation Upheld Despite Contract Recovery Argument

Employer’s Subrogation Upheld Despite Contract Recovery Argument Clyde Kennedy v. WCAB (Henry Modell & Co., Inc.), No. 1649 C.D. 2012 (Opinion filed 8/01/13)     Despite strenuous efforts by the Claimant to defeat a compensation lien; the Commonwealth Court upheld the employer’s subrogation entitlement. The Claimant, Clyde Kennedy, was injured in 1989. He was working […]

Court Strictly Construes Course of Employment

Trigon Holdings, Inc. v. WCAB (Griffith), (Pa. Commonwealth Court 6/28/2013)     This is an interesting case about course of employment. The lesson here is that the Pennsylvania Commonwealth Court seems to be sending a signal that deviations from employment, even of a short duration, will not necessarily be found compensable. Consequently, strong consideration should […]

Employer Granted Suspension on Defense of Positive Drug Test

Wallace Brewer v. WCAB (E2 Payroll & Staffing Solutions), (Commonwealth Court, April 2013)     The Claimant was struck at work by a forklift operated by a coworker. Claimant first went to the employer’s panel, and was then transferred to a local ER. Claimant was informed he would be drug tested. He responded by indicating […]

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